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Nelson Havi

Kenya

Havi withdraws Supreme Court bid after elders consultations

The vacancy arose after the death of Justice Mohammed Ibrahim on December 17, 2025 leaving the apex court with six judges.

NAIROBI, Kenya Feb 11 – Senior Counsel Nelson Havi has announced that he will no longer apply for the vacant Supreme Court seat.

The former Law Society of Kenya (LSK) president revealed that “after consulting with Somali and Luhya elders”, he has decided to back Justice Mohammed Warsame, for the position.

“I will instead support the bid of my uncle, Mr Justice Mohammed Warsame. It is so ordered,” Havi said on X.

Havi had earlier signaled his interest in the Supreme Court vacancy, saying his application was intended to spark a public conversation on the workings of the Judicial Service Commission (JSC).

The vacancy arose after the death of Justice Mohammed Ibrahim on December 17, 2025 leaving the apex court with six judges.

While the Supreme Court remains quorate to hear most cases, the even-numbered bench could create challenges in presidential election disputes, where a split decision may result in a deadlock.

Under Article 163 of the Constitution, the Supreme Court is made up of the Chief Justice, Deputy Chief Justice, and five other judges, forming the full bench necessary for its operations.

Since its creation under the 2010 Constitution, the Supreme Court has played a central role in Kenya’s legal and political landscape, handling high-profile presidential election petitions, appeals, advisory opinions, and judicial review cases.

Havi, 49, had said his interest in the seat was partly to put the JSC under public scrutiny, saying the process would allow citizens to question the commission’s role in judicial appointments.

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